When you are involved in an accident with a commercial truck driver, the truck driver is not the only entity you can go after for damages while pursuing a personal injury lawsuit. The trucking company that the truck driver works for is also responsible for ensuring that their drivers and trucks behave in a safe manner on the road and follow all the federal and state regulations. Your lawyer can request the maintenance records for the trucking company in order to determine if the trucking company can be held responsible for the events and circumstances that lead to your accident.
Legal Responsibility For Each Truck Lies With The Trucking Company
Truck companies, in the eyes of the law, are generally considered just as responsible for the actions of the driver and the vehicle they are driving as the driver is themselves. The trucking company is responsible for meeting all state and federal truck maintenance requirements. You would need to prove that the truck company did not meet their obligation to provide and ensure that all of its vehicles are safe and well maintained.
Trucking Companies Have To Maintain All Vehicles They Employ
Trucking companies are legally responsible for taking care of each and every vehicle in their fleet. They have to make sure that all maintenance is performed on time for each vehicle in their fleet, even if that means pulling the vehicle off the road in order to ensure that maintenance is completed. That includes things as routine as changing the oil and fluids on time, as well as larger maintenance tasks like changing the brake pads.
Trucking Companies Have To Maintain Detailed Maintenance Records
Finally, trucking companies are legally required to keep detailed maintenance records for each vehicle that they own or employ. They have to write down and document all work that is done to each vehicle. These records should include information about when each repair was made, what parts were used for the repair, who performed the repairs as well as where those repairs were performed at.
Furthermore, trucking companies are required to note in their maintenance logs for each individual vehicle any time a truck driver voices a concern about the vehicle or puts in a formal request for repairs. Their logs need to show that all those concerns and requests were addressed within a responsible time frame.
If a company's maintenance records show that they were behind schedule with necessary and required maintenance or failed to address issues with the vehicle that drivers brought to their attention, this information can be used to strengthen your case that the trucking company the driver works for was responsible for your accident and thus you can reasonably pursue legal action against them. For more information, contact a lawyer, like one from Scherline And Associates.